Criminal Appeal – Bail – High Court order granting bail to the accused and issuing guidelines for issuing proclamations under Sections 82 and 83 Cr.P.C. – Observations on the impugned order’s oversight of certain sections – Directions set aside to the State and Courts regarding the issuance of proclamations – Order granting bail to the accused left undisturbed. ...
Criminal Law – Bail Cancellation – Serious Offences – The appellant challenged the High Court's decision to grant bail to the accused in a case involving the brutal murder of his brother, Sumer Singh, who was a BSF member on leave – Supreme Court found that the High Court failed to provide adequate reasoning or consider the seriousness and brutality of the crime –...
Criminal Law – Bail Cancellation – Serious Offences – Appellant sought cancellation of bail granted to the second respondent convicted of murder under Section 302 IPC – High Court had suspended the sentence and granted bail during the pendency of appeal – Supreme Court highlighted the failure of the High Court to consider material aspects, including the respondent'...
Bail application - Rejection - Charges under Sections 376AB of IPC and Section 5m/6 of POCSO Act - Allegation of rape on a 7-year-old victim - Applicant falsely implicated - Medical examination report does not support prosecution's allegations - Intact hymen and no injuries found on victim's body - Court cites medical jurisprudence to establish that complete penetration, ejaculation, or hy...
Criminal Procedure Code – Compensation for Accusation without Reasonable Cause – The appellants, accused of involvement in a fight resulting in deaths, were granted bail with a condition to deposit Rs. 2 lakh each as compensation to the victims – Supreme Court held that the CrPC does not permit the imposition of such a condition at the stage of bail – Condition set aside [P...
Criminal Law – Bail – Cancellation – Habitual Offender – Accused was involved in four criminal cases and had been convicted – While on bail, accused committed another offence and hatched a conspiracy from jail to commit murder – High Court cancelled the bail in another case due to involvement in heinous crimes while on bail – High likelihood of threat and ...
Prevention of Money Laundering Act, 2002 - Bail - Grant of bail in connection with scheduled offences under the PML Act - Appellant, Directorate of Enforcement, challenged the High Court's decision to grant bail to the respondent accused - Appellant contended that the High Court failed to consider the rigour of Section 45 of the PML Act and the seriousness of the scheduled offences - It was ar...
Anticipatory Bail - Petitions filed by two different individuals - Same FIR, arising out of the same occurrence - Allegations of obscene videos and objectionable photographs circulated on complainant's Instagram ID - Petitioners denied involvement in publishing or transmitting the material - Pre-registration inquiry indicated complainant's involvement in creating the video - Investigating ...
Criminal Appeal – Bail – Appellant's Bail Conditional on Husband's Surrender – High Court's conditional grant of bail to the appellant, dependent upon the surrender of the main accused, the husband of the deceased, modified by the Supreme Court. The Court holds that bail of one accused should not be dependent on the surrender of another accused.
Unnatural Death &n...
Special Leave Petition – Bail Request – Petitioners charged under FIR No. 342 of 2021 for carrying 100 bottles of Phensedyl Cough Syrup containing Codeine Phosphate – In custody for over 2 years – Trial yet to commence – Petitioners seek bail. [Para 1-3]
Prosecution's Stand – State counsel indicates that 12 prosecution witnesses are scheduled for examinat...